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Last Updated: February 2nd, 2021
If we say ‘Earthpal’, ‘Company’ ‘we’, ‘our’, or ‘us’ in this document, we are referring to Earthpal Pty Ltd. When we say ‘products’ and/or ‘services’, we are referring to any product that is created and maintained by Earthpal Pty Ltd.
1. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
2. You may not use our products or services for (this list is not exhaustive):
Child exploitation, sexualization, or abuse
Infringing our intellectual property rights
Malware or spyware
Phishing or otherwise attempting fraud
Violence, or threats of violence
3. You are responsible for all content posted and activity that occurs on your account. That includes content posted by others who either:
(a) have access to your login credentials; or
(b) have their own logins under your account.
4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Payments and Refunds
If you are using a free product or service, we will not ask for your credit card information or any other payment information.
If you are proposing to use a paid product or service, we will make this clear to you.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
Cancellation and Termination
You are solely responsible for the cancellation or your account, which can be done so by emailing our Support team at [email protected]
You will not be able to access your account once you cancel It.
We will permanently delete your account data within 30 days from our servers and logs. Data cannot be recovered once it has been permanently deleted.
We have the right to suspend or terminate your account and refuse any and all current or future use of our services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will also result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the services to anyone for any reason at any time.
Verbal, physical, written, or other abuse (including threats of abuse or retribution) of Company employees will result in the immediate termination of your account.
Modifications to Prices and Services
It may become technically impossible to continue a feature or we may redesign a part of our products and/or services because we think it could be improved. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our services with or without notice to you.
Sometimes we change the pricing structure for our products. When we do that, we may endeavour to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 14 days’ notice and will notify you via your account or the email address we have for you on record. We may also post a notice about changes on our website.
Privacy and Security
Your use of our products and services is at your sole risk. We provide these products and services on an “as is” and “as available” basis. We do not offer service-level agreements.
We can access your data for the following reasons:
To help you with support requests you make. We will ask for express consent before accessing your account.
To ensure the safety and security of the company and other users of our products and services. We may look at logs and metadata as part of our work to ensure the security of your data and the services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
To comply with any statutory legal requirements.
5. Aggregated data will be averaged from all users to:
Monitor total emissions
Monitor planet-friendly commitment participation and CO2 savings
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our products and services.
Copyright and Content Ownership
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Application, without the express written permission by the Company.
You agree that the Application Is for your personal use only and must not be used for commercial purposes.
You must not modify another website so as to falsely imply that it is associated with the products or services of the Company, or the Company.
Features and Bugs
We make no guarantees that our products or services will meet your specific requirements or expectations.
As with any software, our products and services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we do not guarantee completely error-free services.
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the services;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service;
(vi) in no event will Earthpal be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Application.
Acceptable Use Policy
Your use of the Earthpal Application is subject to the following Acceptable Use Policy. You shall not, and you shall not instruct nor enable others to, take any actions designed or intended to:
Use the Earthpal Application to create, market or distribute a competitive product or service;
Modify, copy, resell or sub-licence the whole or any part of the Earthpal Application;
Reverse engineer, decompile, unbundle, disassemble, or create derivative works based on, the whole or any part of the Earthpal Application;
Circumvent, disable, or interfere with security-related features of the Earthpal Application;
Re-use, disseminate, copy, or otherwise use the Earthpal Application in a way that infringes, misappropriates, or violates any intellectual property rights or other right of Earthpal or any third party; or
Remove, alter, obscure Earthpal’s trademark, copyright notice, any other proprietary notice or any disclaimers from the Earthpal Application.
Earthpal provides API’s, links and pointers to applications maintained by third parties from its Application and these linked sites are not under the control of Earthpal and Earthpal is not responsible for the contents (including the accuracy, legality or decency) of any linked application or any link contained in a linked application. Earthpal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Earthpal of the linked application.
Earthpal is not responsible for the copyright compliance of any linked application.
Earthpal will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third-party service provided by any third party.
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
The laws governing this agreement will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.
Questions or Changes
We may update this policy as needed to comply with relevant regulations and reflect any new practices.
We respect the privacy rights of individuals and are committed to protecting your privacy. This policy details how we collect, store, use and disclose personal information.
Collection and Storage of Personal Information and Data
We collect some personal information about individuals. Our usual approach is to collect personal information directly from the individual concerned.
The personal information we collect from you could include your name, email, telephone or address contact details, birth date, lifestyle habits, dietary preferences, spending habits, electricity and gas consumption and requirements, and credit and payment related information. In most circumstances we do not collect “sensitive information”.
We collect personal information in circumstances including the following:
when you sign up to our app and to do so provide your details;
when you telephone us or visit our website and provide feedback, or you make an enquiry to which a later response is requested and to do so requires your contact details;
through written correspondence from you, including letters and emails;
when you ask to be included on marketing distribution lists or interact with us on social media;
when you otherwise register for or subscribe to one of our online services;
when you enter a competition, special promotion or survey; and
when as a supplier, your contact and other details are provided.
We hold personal information in our own secure databases.
Use and disclosure of Personal Information
We use the personal information collected from you for the purpose it was provided or collected, including in the following ways:
For the purposes of collection described in (1) above;
To manage our relationship with you;
To respond to enquiries received from you;
To verify your identity and to assist you if you have forgotten any username or password;
To communicate with you and provide you with information (whether by email, post or other means) about our goods or our services, where you have requested or consented to receiving this from us or where this provision is otherwise permitted at law;
To notify you about changes to our provision of goods and services;
To allow you to participate in interactive features of our services and application, when you choose to do so;
To receive and address and possibly publicise complaints or feedback from you;
To protect our legal interests and fulfil our regulatory obligations (if and to the extent necessary), including without limitation, for the purpose of contact tracing; and
in other circumstances, with your prior consent.
We may use personal information for the purposes of marketing our goods and services but only where such use complies with applicable legislation.
All customers and others with whom we interact have the option to opt-out of receiving marketing communications from us. If you do not wish to continue to receive electronic marketing communications from us and/or selected third parties you should opt-out by clicking on the unsubscribe link in any email communications that we might send you, or by sending an email to [email protected]
We may also provide personal information to third parties outside our group companies for limited purposes, such as to help us in providing goods and services to customers.
Those persons and business may include:
Third party software providers who store details of customers for us or who provide other IT services;
The Gold Standard Foundation for the purpose of operating a marketplace for carbon credits; and
Our professional advisors, subject to confidentiality.
We may also disclose your personal information to third parties outside our group of companies:
Where we have your express permission to do so;
Where it can reasonably be inferred from the circumstances that you consent to the disclosure to the third parties;
If all or substantially all of our assets are acquired by a third party, in which case personal information which we hold about our customers may be one of the transferred assets (subject to the same constraints on use and disclosure as under this policy); and
If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions or to protect the rights, property, or safety of our personnel or customers . This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We limit the information we provide to third parties to the information they need to help us provide or facilitate the provision of goods and services to you. We deal with third parties that are required to meet the privacy standards required by law in handling your personal information, and use your personal information only for the purposes that we gave it to them.
Security of personal information
We take all reasonable steps to protect your personal information, including internal and external security, restricting access to personal information to those who have a need to know, maintain technological products to prevent unauthorised computer access and regularly reviewing our technology to maintain security.
We treat website and credit card security seriously and endeavour to provide a secure, safe platform through which to conduct transactions.
Disclosure and transfer of information overseas
We disclose or transfer personal information outside Australia in a limited fashion primarily for the purposes of providing The Gold Standard Foundation, who are located in Switzerland, with information relevant to its operation of a marketplace for carbon credits.
Unless we have your consent, or an exception under the Australian Privacy Principles applies, we will only disclose your personal information to overseas recipients where we have taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to your personal information.
Questions and concerns and access to/ correction or updating of your personal information
You have a right to access and correct the personal information we hold about you. To obtain a copy of the personal information we hold about you, please write to us at:
The Privacy Officer, Earthpal
Please provide sufficient detail about the information in question to help us locate it. We will then use commercially reasonable efforts to promptly determine if there is a problem and take the necessary corrective action within a reasonable time.
Last update: January 2022